Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) [2011] FCA 661

FEDERAL COURT OF AUSTRALIA

Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) [2011] FCA 661 Citation: Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) [2011] FCA 661

Parties: WIDE BAY BURNETT CONSERVATION COUNCIL INC v BURNETT WATER PTY LTD ACN 097 206 614

File number: QUD 319 of 2008

Judge: LOGAN J

Date of judgment: 10 June 2011

Catchwords: COSTS – discretion to award costs – abandoned allegation of misconduct by respondent - whether to depart from usual order that unsuccessful party pays the costs of the successful party – requirement for special feature in the case – no special feature to warrant departure from the general rule – whether to award costs on indemnity basis in respect of abandoned misconduct allegations – as to abandoned misconduct allegations, costs awarded on indemnity against applicant and otherwise awarded against applicant on a party and party basis COSTS – application for a gross sum costs order under O 62 r 4(2)(c) of the Federal Court Rules – relationship between assessment of a gross sum and principles of taxation of costs – where case involved extensive evidence but no complex points of law – whether to allow counsel's and solicitor's fees on a time costing basis – discussion of time based costing – for counsel a fee on brief costing basis more appropriate – no allowance for two senior counsel in respect of interlocutory practice and procedure applications – costs awarded as a gross sum

Legislation: Environmental Protection and Biodiversity Conservation Act 1999 (Cth) s 475 Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 43 Income Tax Assessment Act 1936 (Cth) s 260 Migration Act 1958 (Cth) Native Title Act 1993(Cth) s 85A Solicitor General Act 1985 (Qld) ss 8, 11, 12, 13, 14, 15, 16 Federal Court Rules O 62 r 1A, O 62 r 4(2)(c), O 62 r 12, O 62 r 19, Sch 2 Sustainable Planning Act 2009 (Qld) ss 457, 689